38 SHIPPING PRACTICE increased and his liabilities to be surrendered. Clauses of this nature are prohibited by para. 8 of Article 3. The provisions of these rules are not applicable to charter- parties, but if bills of lading are issued, in the case of a charter-party, they must comply with the terms of the rules. This provision may appear rather confusing, but it only covers cases similar to a ship being chartered and then placed on the loading berth to receive cargo. Many cases of this nature are found when companies ninning regular lines, by the damage or loss of a ship, find they must charter a vessel to continue their service and then under the period of the charter-party run the vessel on their regular route. It will be seen that the charter-party between the owner and charterer is outside the scope of the Act, but the bill of lading contract between the charterer and his shippers comes under the regulations of the Act, by reason of the fact that the terms and conditions of the bill of lading govern the contract of affreightment. Where, however, a bill of lading is issued under a charter party, and is subsequently negotiated to a third or fourth party, from the time of the negotiation, the Act applies to the bill of lading. The final clause of Article 5 states that nothing in the rules shall prevent the insertion of any lawful provision regarding general average in the bills of lading. Article 6. Notwithstanding the previous articles, carrier, master, or his agent, and a shipper may in respect of parti- cular goods, be at liberty to enter into any agreement in any terms as to responsibilities and liabilities, and rights and immunities or obligations as to seaworthiness, provided it is not contrary to the public policy, and provided no bill of lading has been issued and the terms shall be embodied in a noo-oegotkble receipt, which shall be marked as such. Provided that this article shall not apply to ordinary corn- menial shiptaents, but only to other shipments when the character or condition of the property is such as reasonably to justify a special agreement.